My Australian friend sublet his apartment while traveling. The subletter refused to leave.
My friend Tom from Sydney had a 2-year lease in Beijing. After 8 months, he had to travel for work (3 months in Singapore).He found a guy on a WeChat group who needed a short-term place. Seemed fine. Clean guy. Works in finance. Paid 2 months' deposit + 1 month rent upfront.
Month 4:
Tom returns to Beijing. Texts the subletter: "Hey, I'm back. Need the apartment this weekend."
Subletter: "Can I stay one more month?"
Tom: "No, sorry. I need to move back in."
Subletter: "I'm having trouble finding a new place. Can I stay two more weeks?"
Tom: "I really need my apartment."
Subletter stopped responding.
The confrontation:
Tom went to the apartment. The locks had been changed.
He called the police. Police came. The subletter claimed he had a "verbal agreement" for a 6-month sublet. He showed WeChat messages where Tom said "sure, stay as long as you need" (Tom meant "until I get back" — but in text, it was ambiguous).
The legal reality:
In China, subletting without the landlord's written permission is technically a breach of contract. Tom's lease had a clause: "No subletting without written consent."
But Tom had done it anyway. And he had no written sublease agreement. Just WeChat messages.
The police couldn't evict the subletter immediately. It became a civil matter. Tom had to go to the housing mediation center.
The resolution:
After 3 weeks of mediation, Tom paid the subletter ¥5,000 to leave.
Tom's losses:
• ¥5,000 "move-out incentive"
• 3 weeks of hotel costs (¥8,000)
• Legal stress
• His security deposit with the original landlord (forfeited because he sublet illegally)
Total cost of that sublet: over ¥20,000.
What Tom should have done:
1. Asked the landlord for written permission to sublet
2. Signed a proper sublease agreement with dates, deposit, and penalties
3. Kept the original keys (never let subletter change locks)
4. Checked on the apartment monthly via video call
5. Used a verified platform like Ziroom instead of WeChat groups
Or better yet:
Just leave the apartment empty. Store your stuff. Pay the rent. Short-term sublets in China are risky for foreigners who don't understand the legal system.
Tom: "I thought I was being smart, saving ¥15,000 in rent. I lost ¥20,000 and almost lost my apartment. Never again."
Anyone else had a subletting disaster?
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